AGENDA Sawmills Town Hall Tuesday, July 17,2018 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards B. Recognition of Sherry Storie 8. Financial Matters:  Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene  A. June 19, 2018 Regular Meeting Minutes  A. Caldwell County D.A.R.E. Donation Request B. Disposal ofUnscheduled Records  9. Discussion:  A. Water and Sewer GIS Development Agreements B. Nuisance Ordinance Overview  10. Public Comment 11. Updates: A. Code Enforcement Report B. Council Comment 12. Adjourn    Page lof6  TUESDAY,JUNE 19,2018  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:001 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Jeff Wilson Rebecca Johnson Joe Norman Keith Warren  STAFF PRESENT Christopher Todd Terry Taylor Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order.  INVOCATION: John Jernigan, member of Union Grove Baptist Church, gave the  invocation.  PLEDGE OF ALLEGIANCE: Mayor. Johnnie Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the June 19, 2018 Keith Warren made a motion, and Joel Norman seconded, to adopt the June 19, 2018. Agenda.  Agenda.  All were in favor.  APPROVE MAY: 3, 2018 BUDGETMEETING MINUTES: Mayor Johnnie Greene asked Joe Norman made a motion, and Rebecca Johnson seconded, to approve the May 3, 2018  for a motion to approve the May 3, 2018 budget meeting minutes.  budget meeting minutes. All were in favor.  APPROVE MAY 15, 2018 REGULAR MEETING MINUTES: Mayor Johnnie Greene Keith Warren made a motion, and Joe Norman seconded, to approve the May 15,20181 regular  asked for a motion to approve the May 15, ,2018 regular meeting minutes.  meeting minutes. All were in favor.    June 19,2018 Page 2of6  APPROVE MAY 22, 2018 SPECIAL MEETING MINUTES: Mayor Johnnie Greene Joe Norman made a motion, and Keith Warren seconded, to approve the May 22, 2018 special  asked for a motion to approve the May 22, 2018 special meeting minutes.  meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or Loraine Grogan, owner of Grogan's Small World on Sawmills School Road, wanted to talk about the homeless people in Sawmills. There are squatters and homeless people at three (3) houses around her business and it is making the parents ofher children uncomfortable. Ifthe Donnie Potter, Caldwell County Commissioner and citizen of Sawmills, also wanted to talk about the homeless people in Sawmills and the three (3) homes across from Grogan's Small  comments at this time.  Town does not do something soon she will lose her business.  World and Sawmills Elementary School.  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Mr. Terry Reinheardt as the June Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will  be added to his sanitation bill. No Council action was required.  PUBLIC HEARING: FY: 2018-2019 BUDGET:  OPEN PUBLIC HEARING: Mayor Johnny Greene asked for a motion to open the public Joe Norman made ai motion, Rebecca Johnson seconded, to open the public hearing. All were  hearing. in favor.  STAFF COMMENTS/RECOMMENDATIONS: Town Administrator Christopher Todd stated that the budget is balanced as required by the NCLocal Government Budget and Fiscal Control Act. The Town's overall budget for FY 2018-2019 totals three million two hundred eighty-one thousand seven hundred ninety-four dollars ($3,281,794.00). A few highlights of the proposed budget include no property tax increase; six percent (6%) increase of the sewer rates; decrease in water rates with creation ofmulti-tiered structure; an appropriation ofWater and Sewer Fund reserves will be made this fiscal year; maintains current level of services; maintains current levels of benefits for employees. The Town will also maintain its current  levels of service to the citizens.    June 19,2018 Page 3 of6  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone wished to speak on the FY Kelly Price stated that he would have liked to see the water base rate go down instead ofthe tiered structure. Mr. Price stated that the customers with the average usage will be paying more than the business. Mr. Price also spoke against the sewer rates going up.  2018-2019 Budget.  CLOSE PUBLIC HEARING: Mayor Johnny Greene asked for a motion to close the public Clay Wilson made ai motion, and Jeff Wilson seconded, to close the public hearing. All were  hearing. ini favor.  COUNCIL ACTION: Clay Wilson made a motion, and Joe Norman seconded, to adopt the  FY2018-2019 Budget. All were in favor.  DISCUSSION:  STORMWATER DISCHARGE PROGRAM AGREEMENT: Town Administrator Christopher Todd stated that the current agreement between the City ofl Lenoir and the Town of Sawmills for the Storm Water Discharge Program needs to be renewed. The renewal Agreement will cover the period ofJuly 1, 2018 to June 30, 2019. The cost the Town will pay the City ofLenoir to continue responsibility oft the plan is thirteen thousand one. hundred Joe Norman made a motion, and Rebecca Johnson seconded, to adopt the renewal Agreement with the City of Lenoir in the amount of thirteen thousand, one hundred four dollars and  four dollars and ninety-three cents ($13,104.93).  ninety-three cents ($13,104.93). All were in favor.  SIXTH AMENDMENT TO TOWN OF SAWMILLS LICENSING AGREEMENT: Town Administrator Christopher Todd stated that the current licensing agreement between the Town of Sawmills and the Sawmills Optimist. needs to be renewed. The renewal licensing Jeff Wilson made a motion, and Joe Norman seconded, to adopt the Sixth Amendment to  agreement will cover the period of] July 1,2018 through June 30, 2019. Town of Sawmills Licensing Agreement. All were in favor.  AIA GRANT AND RESOLUTION: Town Administrator Christopher Todd stated that the Town had been awarded an Asset Inventory and Assessment (AIA) Grant through the Department of Environmental Quality (DEQ) to create a GIS for the Town's drinking water infrastructure. This grant would help to with the necessary field work, technical expertise, software, and hardware needed for the system. The Town qualified for ninety-five percent (95%) funding through the DEQ qualifications for the AIA grant. The total cost of the GIS program is expected to be eighty-eight thousand five hundred dollars ($88,500.00) of which    June 19, 2018 Page 4 of6  DEQ is offering the Town eighty-four thousand two hundred nine dollars ($84,209.00) in grant funding. The Town would be responsible for the remaining necessary funds. The Town Council has included the necessary funds for this project in the Fiscal Year 2018- This project would be completed with the help of the Western Piedmont Council of Clay Wilson made a motion, and Joe Norman seconded, to adopted the Asset Inventory and Assessment (AIA) Grant through the Department of Environmental Quality (DEQ) as written.  2019 Budget. Governments.  All were in favor.  PLANNING MATTERS:  ANNUAL PLANNING BOARD REPORT: Town Planner Becca Bleich stated that in the Planning Ordinance Section 151.06 it is stated that: An annual report shall be prepared and submitted to the Town Council by May of each year. The report shall include a comprehensive and detailed review of the activities, problems and actions of the Planning Town Planner Becca Bleich stated that the Planning Board has met one (1) time from April 2017 to May 2018. Town Planner Becca Bleich also stated that the Planning Board met in Town Planner Becca Bleich stated that the Board of Adjustments had not met between April Town Planner Becca Bleich stated that she wrote forty-six (46) zoning permits, approved three (3) subdivisions and provided zoning assistance to over eighty (80) customers, consisting of various prospective buyers, realtors, property owners, developers, and Town Planner Becca Bleich stated that there were seventeen (17) Code Enforcement cases  Board as well as any budget requests and/or recommendations.  February 2018. 2017 and May 2018.  concerned citizens since April 2017. that have been completed. No Council action was needed.  PUBLIC COMMENT: No one wished to speak.    June 19, 2018 Page 5of6  JUNE CODE ENFORCEMENT REPORT: There are eleven (11) code enforcement cases  open:  Teresa Annas Compton is the owner of a dilapidated house located at 4476 Sawmills School Road. The Town can move forward with contracting out abatement efforts (demo and removal) and require reimbursement in the form ofa lien on the property; Carolyn Bray/Robyn Brittian, owner of 2570 Baker Cir. Abandoned mobile home. Town Planner Becca Bleich stated in order to: move: forward ai final Notice ofViolation packet from the Town Attorney'soffice to set a hearing date will be needed before the Town can contract out the abatement efforts (demo ànd removal) and require John "Jody" McRary and neighbors, Jody Drive. Outdoor storage/junk vehicles in ROW/freight container. This is anon-conforming use, Impressive Auto, encroaching on neighborhood and blocking street for Fire & Rescue/Trash Pick-up. Town Planner Becca Bleich stated that she believes that Town Administrator Christopher Todd and Mr. McRary have agreed on a place for relocating the shipping container. The Town has determined which transport service will be utilized. Town Administrator Jose Montes, owner 4321 Cherokee Court. High grass/junk vehicles. Town Planner Becca Bleich stated that she spot checked property on April 4, 2018. There wasone cari in the cul-de-sac. Still noj proper driveway has ever been installed. Town Planner Becca Bleich stated that a letter was sent on April 4,2018, giving the owner thirty (30) Janice Griffin, Trustee ofIona Griffin, 2148 Oaktree Ln. Abandoned, partially burned apartment building. Town Planner Becca Bleich stated that the former Town Planner Leslie M. Meadows spoke with lead contractor Lewis Miller, of Lewis Miller Construction on March 8, 2018. Mr. Miller stated that he is still waiting for the report from the structural engineer to determine what's salvageable of what remains of the burnt structure. Once cleared tol begin reconstruction, Mr. Miller anticipates six (6)t to eight(8)months: for completion. Town Planner Becca Bleich will continue to monitor; Midland IRA, owner of5711 Dream View. Point. Nonconforming accessory structure. Town Planner Becca Bleich stated that she spot checked property in April. An accessory structure has been placed on the property before the principal structure has been constructed. Letter was sent on May 23,2018 witha a deadlinei to remove structure Jane Greene, owner of 4446 Villa Ln. Outdoor storage encroaching on neighbor. Town Planner Becca Bleich stated that she spot checked the property on April 18, 2018. The brush pile in the rear yard needs to bei removed and tarp int the carport needs to be replaced. Town Planner Becca Bleich stated that a letter was sent on April 18, 2018 with a deadline of May 3, 2018. Town Planner Becca Bleich started that she would continue to monitor property and research necessary resolutions;  reimbursement in the form ofa lien on the property;  Christopher Todd will have timeframe for the relocation;  days to install a driveway;  by June 7, 2018;    June 19, 2018 Page 6of6  Grant and Jamie Mortez, renters of 4515 Betts St. Livestock (goats) in platted subdivision. Town Planner Becca Bleich stated that the complaint was verified and a NOV letter sent to landowner of rental property with a deadline of April 5, 2018. Town Planner Becca Bleich stated that the Town received another complaint on May 29, 2018. Town Planner Becca Bleich stated that another letter was sent on May 29, John Wilcox, owner of Janette's Way lot 6. Overgrown vegetation. Town Planner Becca Bleich stated that she spot checked property on April 18, 2018. ANOV letter Chun Walker, owner of4125 Shoun Dr. Overgrown.vegetation. Town Planner Becca Bleich stated that she spot checked property on May 23,2018. ANOV: letter was sent Deborah Murphy, owner of 5538 Land Harbour Dr. Nonconforming accessory structure. Town Planner Becca Bleich stated that she spot checked the property on May 22, 2018. Town Planner Becca Bleich stated that there is no issue with the accessory structure in question. Therei is, however, aport-a-potty on the property from construction being done on the house. Town Planner Becca Bleich stated she will  2018 with a deadline of. June 14, 2018;  was sent on April 18, 2018 with a deadline of May 3,2018;  on May 23,218 with a deadline of. June 7, 2018;  continue to monitor the property.  No Council action was required.  COUNCIL COMMENT: Mayor Johnnie Gréene asked if anyone on the Council had any  questions or comments at this time.  Jeff Wilson wanted to thank everyone for coming out. Clay Wilson wanted to thank everyone for coming out.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Jeff Wilson made a motion, and Clay Wilson seconded, to adjourn the meeting. All were in  favor.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  July 17,2018 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Teddy Wilson on winning the Recycle Rewards Program for the month ofJuly. Mayor Johnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    AGENDAITEM7B  MEMO DATE: SUBJECT:  July 17,2018 Recognition: Sherry Storie  Discussion:  The Town of Sawmills would like to congratulate and honor Sherry Storie for her efforts in having the month July 2018 declared Arachnoiditis Awareness month inl North Carolina. Sherry Storie submitted aj proclamation to Governor Cooper's office, explaining the need to make more Attached with this memo is a copy oft the signed and sealed proclamation by Governor Cooper,  people aware of arachnoiditis and its increasing prevalence. stating that July 2018 be Arachnoiditis Awareness month.  Recommendation: No Council action is required.    -  State af Narthy Caralina  ROY COOPER GOVERNOR  ARACHNOIDITIS AWARENESS MONTH  2018  BYTHE GOVERNOR OF THE: STATE OFI NORTH CAROLINA  A PROCLAMATION  WHEREAS, arachnoiditis is a rare acute inflammatory disease that affects the membranes that cover WHEREAS, this inflammation causes a variety of neurological deficits and chronic, debilitating WHEREAS, the causes ofarachnoiditis include injury due to surgical interventions, especially spinal operations; trauma to the spinal cord; epidural prolapse, injections, or other damage; and infections that may WHEREAS, the precise prevalence and incidence of arachnoiditis is unknown; however, estimates suggest that as many as 11,000 new cases occur each year in the United States; and WHEREAS, arachnoiditis affects more: females than males, which is the presumed result of more than 60 percent of pregnant women ini the United States and other countries receiving spinal or epidural anesthesia during childbirth; an estimated four percent of these women develop this disease; and WHEREAS, currently, therei is no complete cure: for arachnoiditis, but there are therapies that may WHEREAS, because this disease can occur duet to complications of surgery or epidural injection, WHEREAS, the State of North Carolina encourages people to lear about the risk and symptoms of arachnoiditis, advocate research for a cure, and: support those and their families affected by this disease in our NOW, THEREFORE, LROY COOPER, Governor of the State of North Carolina, do hereby proclaim July,2018, as' "ARACHNOIDITIS AWARENESS MONTH" inl North Carolina, and commend its  and protect the brain, spinal cord, and nerve: roots; and  neuropathic pain; and  cause viral, fungal, or bacterial meningitis; and  lessen the associated chronic pain and suffering; and  increased awareness isi imperative for both the public and our health care providers; and  communities;  observance to all citizeps.  Lge Governor  T  IN WITNESS WHERDDF,lhave hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in Raleigh thist twenty-sixth day of June in the year of our Lord two thousand and eighteen and of thel Independence of the United States of America thé two hundred and forty-second.    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  July 17, 2018 Financial Matters: Request for Donation  Discussion:  The Town has received a request from Caldwell County D.A.R.E. for a donation ini the amount  oftwo hundred dollars ($200.00).  There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    OFSAWIRN  Town of Sawmills  Johnnie Greene, Mayor  Christopher Todd, Town Administrator  Funding Request:  Name of Organization:  Phone #_928464615)  tCDARE  Permanent Address: 239mangautn Blvds Sw  City:  State: Nc Fed Tax ID #:  Zip Code:  Lewow  23645  Contact Name:  Jos Hawa  56-6001967  Amount Requested:  Amount needed for the Project:  200  Date Funds Needed: Afbr JRato AryProject Begin/End Dates: wbrmls fer Schoot chllann mecowmts  8-1-18  Complete description of project:  Dare Golf fouramast. Proceds osed 4e Provibue  Howwilli thei funds be used?:  How will this project benefit the community?:  Official Town Use Only  Date application received: shlaois Date approved/denied (circle one): Date check written:  Date presented to Council: Amount approved:  71712018  Available balance in Governing Body Expense Acct: 42.000.00  Check #:  Amount:  Thisi instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control acpaer dof    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  July 17,2018 Financial Matters: Disposal of Unscheduled Records  Discussion:  The attached list shows all records that staff would like to destroy in accordance with the North  Carolina General Statutes Municipal Records and Disposition Schedule.  Recommendation:  Staffrecommends: Council discuss this matter and decide how they wish to proceed.    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC27699-4615 Name Tamofsnowills County Calwe Agency or department AAmin Phone number B9Ale-7403  FROM  In accordance with the provisions of G.S. 121 and 132, approval is requested for the destruction of records listed below. These  records have no further use orvalue for official or administrative purposes.  RECORDS TITLE PLR Rocors  DESCRIPTION  INCLUSIVED DATES QUANTITY MICROFILMED? RETENTION 80)4 oach NO 80)4 9 DO  (MESORNO)  PERIOD 3yz Bys Byps 3ys  Repos Checkk Kags-1aDIB, TCopy  SN  2013 2013- Feppasj2o j4-  AIP Rocords AIPChoks  AIR'pepots) iplag Peprs/ 60B gcordo Gmcl Koporis PERAPayNoI  ARacohls WaMwmimabg A4 knrh 6D14 Ay4 No  AIP Audit-hu  TCopy Cop Lcopy Tecpy  A Aucktors Chelk  6D14 palh No ADISs 2ac No- BDIs mdh ND dos ER NO  PIR Polods 4415 Aechs ARKocods MP.AAu-ata Ap Pocords 4or Sletowerto  ARR Ruports jDailzl Rpra04- APCKRCkOAP Repbrspo's! bILP- PIR EPKIPERISps,  RIR ocords AdiCipyRepsen, AD0 Aalh NO Apfefordo Bankatinecto dcolo AL No AIP Ppchrds Ahrckalpprspos Aos PN AD  Bces P01L- 9014- po4-  E  3ipo 3y Byo  BP leloires AIPChoko  B015 A No  uo Misc Petods Requested by: Approved by: Concurred by: (asir indicated) Signature  Tlopy  CruslpapTepts 6os  palh No Bipo  Touon (Ronc  1-17-18 Date Date Date  Title  Quo  Signature  Head of Governing Board Assistant Records Administrator NC Division of Archives and Records    Reproduce this forn as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC 27699-4615 Name Toun Df Sauomills County (aluoe Agency ord department fami Phone number 353401403  FROM  Ina accordance with the provisions of G.5.1 121 and 132, approval is requested fort the destruction of records listed below. These  records have noi further use or value for official or administrative purposes.  RECORDS TmE  DESCRIPTION  INCLUSIVEDATE QUANTITY MICROFILMED? RETENTION 801s 8 No Bya B4 Lsg D Bhps O0/5 pacho No Bo  (YESORNo)  PERIOD  UB Me Ootards Fnaled, ggeruets/Balontrcl 604-  Aobiers  Minc Dofoirbo GFDA hloo Au.pcors L6CB03 Invpstmaat ODs  A DO 3yo  00147-  ICAs  Requested mlilMmd Tanllc  M-17-18 Date Date Date  Signature Signature  Title  Approved by: Concurred by: (asindicated) Signature  Head of Governing Board Assistant Records Administrator NC Division of Archives and Records    AGENDA ITEMS 9A  MEMO DATE: SUBJECT:  July 17,2018 Discussion: Water and Sewer GIS Development Agreements  Discussion:  The Western Piedmont Council of Governments (WPCOG) has the ability provide the professional assistance necessary to develop a geographic information system (GIS) for the town's water and sewer infrastructure. Attached to this memo are agreements to develop a GIS that would encompass both the water and sewer infrastructure. Per the agreements, the WPCOG would be responsible for the development of the system, housing and maintenance of the data, The system would be created during the 2018/2019 fiscal year, with a cost of $81,989.04 for the water infrastructure, and $26,836.92 for the sewer infrastructure. The necessary funds are  and the necessary training ofTown of Sawmills stafft to utilize the system.  available in the 2018/2019 fiscal year budget. Attached are both agreements  Recommendation:  Staffi recommends Council to approve both the Water and Sewer GIS Development Agreements in the combined amount of$108,825.96 (one hundred and eight thousand, eight hundred and twenty-five dollars and ninety-six cent) and covering the period ofJuly 2, 2018 to June 28, 2019.    Page 1 of10  A CONTRACT PROPOSAL FOR:  THE PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATED TO WASTEWATER  UTILITY INVENTORY  PREPARED FOR: CHRISTOPHER TODD  TOWN ADMINISTRATOR-TOWN OF SAWMILLS, NC  PREPARED BY: PO BOX 9026 HICKORY,NC28603 MAY31,2018  THE WESTERN PIEDMONT COUNCIL OF GOVERNMENTS    Page 2 of10  WPCOGCONIRACTNO,  TOWNOF: SAWMILLS CONTRACTNO,  AGREEMENT BETWEEN THE TOWN OF SAWMILLS FOR UTILITY INVENTORY JULY2,2018TO. JUNE 28, 2019  THE WESTERN PIEDMONT COUNCIL OF GOVERNMENIS AND  THE PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATED TO WASTEWATER  This AGREEMENI, entered into on the  day of  by and  between the Western Piedmont Council of Governments (hereinafter referred to as the "Planning Agency") and the Towno OfSAWMILLS (hereinatter referred to as the "Local Government");  WIINESSETHTHAT:  WHEREAS, the Planning Agency is empowered to provide technical assistance by the North Carolina General Statutes and by resolution passed by the Planning Agency on April 17, 1972. Technical assistance shall consist oft the provision of services as described in EXHIBIT A., which is  herein made part of this Contract; technical assistance to the Client; and  WHEREAS, the Local Government has requested the Planning Agency to provide such  WHEREAS, the Planning Agency desires to cooperate with the Local Government in every way possible to the end that the proposed activities are carried out in an efficient andj professional manner;  NOW,THEREFORE, the parties hereto do mutually agree as follows:  1.  Personnel. That during the period ofthis Contract, the Planning Agency will furnish the necessary trained personnel to the Local Government to perform work as shown in Travel/Printing. The Local Government will provide access to Local Government owned and maintained vehicles for official project use. In the event personal vehicles need to be used for project related activities, limited funds are included in this contract to reimburse the Planning Agency employees at the prevailing Federal rate. Further, the Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. oft the personnel when the. Local Government requests or approves travel related to this project, or ifit is beneficial to both parties, the costs will be shared on an Local Government will also pay for additional expenses that are not included in this contract but may be requested by the Local Government. Examples include, but are not limited to, related toj printing of report(s), mailings to advisory boards, and other costs not  EXHIBIT A., pages 5-10 ofthis agreement.  2.  agreed-upon ratio.    Page 3 of10  related to normal travel and staffing associated with personnel furnished by the Planning Compensation. The Planning Agency proposes to provide the services described in Section II for a lump sum fee of $26,836.92 (twenty-six thousand, eight hundred thirty- six dollars and ninety-two cents). The Local Government will submit payments within 30 days ofreçeipt oft the Planning Agency's invoice and monthly project status report. The 12 monthly installments will be billed at a rate of $2,236.41 (two thousand, two hundred thirty-six dollars and forty-one cents) and will cover general expenses. Should the Planning Agency fail to make reasonable progress on the project, the parties agree to modify the monthly payment schedule according to provision #4 oft this Agreement. The Modifications. Ifthere is a need to amend the proposal outlined in EXHIBIT A., either  Agency.  3.  first oft these 12 invoices will be issued in July, 2018. party may do sO with written approval of the other.  4.  5. Time of Performance. The Planning Agency shall ensure that all services required herein shall be provided during the period beginning on July 2, 2018 and ending June 28, Interest of Members, Officers, or employees of the Planning Agency, Members of thel Local Government, or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member oft the governing body of the locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with the respect to the program during his/her tenure or for one yeart thereafter, shall have any financial interest, either director indirect, in any contract or subcontract, or the proceeds thereof, for work to bej performed inc connection with the program assisted under this Agreement. Immediate family members of the said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to incorporated, in such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. Nondiscrimination Clause. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity funded in whole or in part with funds available under the Housing and Community Development Act tof1974,  2019.  6.  7.  section 109.    Page 4 of10  8.  Age Discrimination Act of 1975, as amended. No qualified person shall, on the basis ofage be excluded from participation in, be denied the benefits of, or otherwise be subjected to the discrimination under any program or activity which receives or benefits Section 504, Rehabilitation Act of 1973, as amended. No qualified handicapped person shall, on the basis handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to the discrimination under any program or activity  from federal financial assistance.  9.  which receives or benefits from federal financial assistance.  IN WITNESS WHEREOF, the Planning Agency and the Local Government have executed this  AGREEMENT as oft the date first above written.  LOCAL GOVERNMENT: TOWN OF SAWMILLS  PLANNING AGENCY: GOVERNMENTS  WESTERN PIEDMONT COUNCIL OF  By:  By:  Mayor  Executive Director  By:  By:  Clerk  Chairman  Preaudit Statement:  This instrument has been preaudited in the manner prescribed by the Local Government Budget and  Fiscal Control Act. By:  Local Government Finance Officer    Page 5of10  EXHIBIT A.  THE PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN' THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATED TO WASTEWATER  UTILITYINVENTORY JULY2, 2018 to JUNE 28, 2019  I.  WORK PROGRAM/BUDGET This is an Exhibit attached to and made a part oft the  AGREEMENT between  the Western Piedmont Council of Governments (WPCOG) (hereinafter: referred to as the "Planning Agency") and the Town OfSAWMILLS (hereinafter referred to as "Local Government"): providing for technical assistance services for the provision of data collection services and creation ofa secure, internet-accessible GIS database for the Local Government's utility data. The basic services oft the  Planning Agency are stipulated as indicated below. II. WORK PROGRAMISCOPE OF SERVICES  The general scope of services called for ini this work program require the Planning Agency, on the behalf ofthe Local Government, to provide professional staff time to collect wastewater utility features in the field using Global Navigation Satellite System (GNSS) and Geographic Information System (GIS) technology. Work will take place overa a 12-month timeframe. One GIS Technician, assisted as necessary by a GIS Analyst, will use GNSS and GIS technologies to inventory wastewater features. Real-time and/or post-processing differential correction will enhance GNSS data in accordance with the 2014 GNSS Data Collection and. Documentation Standards established by the NC Geographic Information Coordinating Council. A GIS Analyst will oversee the GIS Technician's: activities and be responsible for the accuracy and completeness of the data, establish data check-in and checkout procedures and provide training and daily assistance. Higher-level technical staff will provide assistance ind database and application design and management, as well as equipment and software acquisition and configuration. Trimble and ESRI software and hardware will be utilized ini this project as well as other  supplies and equipment.  II. DESCRIPTION OF SERVICES PROVIDED Agency to the Local Government, for ai total of307 hours.  The following activities are descriptive of, but not limited to, the serviçes provided by the Planning    Page 6 of1 10  A. Project Management  1. Coordinate and oversee all project activities. 2. Produce/maintain monthly project status reports and maps. 3. Organize and attend monthly status meetings as needed/required.  4. Oversee and ensure that the Planning Agency project staff members are performing at 5. Research specifications and perform acquisition of various hardware, software and  an acceptable level. supply needs.  B. Creation of GIS Databases and GIS Applications  1. Create application-ready GIS database for wastewater features. The wastewater database will be an independent component within the Town's GIS, along with a database oft the Town's water features, which will be collected concurrently with the 2. Using these databases, WPCOG will create a GIS multi-viewer application which will provide PC and mobile access to all Local Government wastewater data. This secure application can be accessed by all authorized Local Government personnel using a 3. Authorized Town staff will also be able to use the Town's GIS to edit and/or update features in the field or by PC, once initial collection is complete. 4. For all databases, Planning Agency personnel will work with Local Government staff and the Town's engineering firm to customize feature attributes and terminology according to local infrastructure conditions and use nomenclature familiar to local 5. Train all appropriate Local Government personnel in the use ofall applications. C. Field Collection ofTown Wastewater Features, and Integration of Features into GIS 1. The GIS Analyst will establish GPS data collection procedures and standards. Tasks include pre-, in-the-field and post-processing procedures and data access. 2. The GIS Analyst and a GIS Programmer will assist with configuration, implementation, upkeep and training in relation to required software, hardware and 3. The GIS Analyst will plan feature collection strategies and priorities. 4. - Collection of data will be performed primarily by the GIS Technician. 5. The GIS Technician will be supervised the GIS Analyst, who will also provide  wastewater features under a separate agreement.  variety of desktop and mobile devices.  workers.  Databases and Applications  data.  collection assistance ini the field as necessary.    Page 7of10  IV. OPERATIONS, RESOURCES AND SUPPORT RESPONSIBILITIES  A. Al I Planning Agency GIS Analyst will provide services in oversight and performance oftasks required in this contract for services. The Analyst will primarily perform the required duties from the physical location ofthe Planning Agency, the field and occasionally Local Government offices. The Project GIS Analyst will be assisted in various facets oft the B. Planning Agency staff members working on this project will require the latitude to work the standard Planning Agency schedule (8:15am to 5:00pm M-F), attend all Planning Agency staffr meetings, observe Planning Agency annual leave and sick leave policies, and observe all Planning Agency holidays as closely as possible. The GIS Technician will spend most of his or her work time in the field, but will also visit the Local Government offices and the C. The Local Government will provide necessary office space to the Planning Agency staffin order to facilitate data editing and reporting requirements. The Planning Agency will supply required equipment to the GIS Technician and GIS Analyst to perform GNSS field collection, along with differential correction. Examples include GNSS units, tablets configured with the GNSS units, software, cell phones and rangefinders. D. The Planning Agency will look to the Local Government to provide access to a Local Government vehicle and fuel for official work related to this contract. The vehicle will be clearly marked as a Local Govermment-owned vehicle. It is understood that said vehicle will be parked on Local Government property at a pre-approved location when not being used for official project work. Ifpractical for the Planning Agency staff, the Local Government vehicle may be parked and driven to-and-from the Planning Agency. In the event a Planning Agency staffmember is required to use his or her personal vehicle for tasks related to this contract, limited travel funds are included in this contract for mileage reimbursement and appropriate Federal mileage rates will be applied. The Planning Agency will also look to the Local Government to provide transportation and subsistence resources as a preferred option orr reimburse the Planning Agency staff for subsequent major travel or travel-related expenses that occur ini the completion of project required field work, conference attendance or training.  contract by other GIS staff from the Planning Agency offiçe.  Planning Agency as needed.    Page 8 of10  E. Planning Agency staff are covered by workers compensation insurance in accordance to State Statutes. A limited amount of other insurance is provided by the Planning Agency via relationship with the League of Municipalities. The Planning Agency does not provide automobiles or auto insurance to employees. All Planning Agency staff are required to have av valid driver's license, insurance and a vehicle that can be used for Agency purposes. F.P Planning Agency staff will coordinate with Local Government Public Services staff when assistance in the field is required. Examples include but are not limited to traffic control and heavy equipment to assist in locating and accessing various utility assets. Planning Agency staff will provide as much notice as possible when requesting and coordinating assistance. G. The Local Government will be responsible for purchasing its own GNSS unit and tablet for use with the GIS, as well as subscriptions to ESRI's ArcGIS Online service. Funds for these  requirements are not included in this contract proposal. H. Planning Agency staff contacts for purposes pfthis contract are:  Scott Miller, Contract Manager Tom Bell, Project GIS Analyst Christopher Todd, Contract Manager  Local Government staff contacts for purposes of this contract are: Ronnie Coffey, Field Location and Traffic Control Assistance    E  E  5  de    Page 10 of10 VII. FEES  The Planning Agency proposes toj provide the services described in Section III for a lump sum fee of $26,836.92 (twenty-six thousand, eight hundred thirty-six dollars and niniety-two cents). The Local Government will submit payments within 30 days of receipt oft the Planning Agency's invoice and monthly project status report. The 12 monthly installments will be billed at a rate of $2,236.41 (two thousand, twol hundred thirty-six dollars and forty-one cents) and will cover general expenses. Should the Planning Agency fail to make reasonable progress on the project, the parties agree to: modify the monthly payment schedule according to provision #4 ofthis  Agreement. The first ofthese 12 invoices will be issued in July, 2018.  otrosCmshtimasos. SawmilsConitsewnls, Sewer_ Contract/Y2019.doc    Page 1 of10  ACONTRACT PROPOSAL FOR:  THE PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATEDTO WATER UTILITY  INVENTORY  PREPARED FOR: CHRISTOPHER TODD  TOWN ADMINISTRATOR-TOWN OF SAWMILLS, ,NC  PREPARED BY: POBOX 9026 HICKORY,NC28603 MAY31,2018  THE WESTERN PIEDMONT COUNCIL OF GOVERNMENIS    Page 2 of10  WPOOCONIRACTNO.  TOWNOF SAWMILLS CONTRACTNO,  AGREEMENT BETWEEN THE TOWN OF SAWMILLS FOR  THE WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  THE PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATEDTO WATER UTILITY  INVENTORY JULYZ,20IBT0JUNE 28, 2019  This AGREEMENT, entered into on the  day of  by and  between the Western Piedmont Council of Governments (hereinafter referred to as the "Planning Agency") and the Town OfSAWMILLS (hereinafter referred to as the "Local Government");  WIINESSETHTHAT:  WHEREAS, the Planning Agency is empowered toj provide technical assistance by the North Carolina General Statutes and by resolution passed by the Planning Agency on April 17, 1972. Technical assistance shall consist of the provision of services as described in EXHIBIT A., which is  herein made part oft this Contract; technical assistance to the Client; and  WHEREAS, the Local Government has requested the Planning Agency to provide such  WHEREAS, the Planning Agency desires to cooperate with the Local Government in every way possible to the end that the proposed activities are carried out in an efficient and professional manner;  NOW, THEREFORE, the parties hereto do mutually agree as follows:  1.  Personnel. That during the period of this Contract, the Planning Agency will furnish the necessary trained personnel to the Local Government to perform work as shown in Travel/Printing. The Local Government will provide access to Local Government owned and maintained vehicles for official project use. Ini the event personal vehicles need to be used for project related activities, limited funds are included ini this contract to reimburse the Planning Agency employees at the prevailing Federal rate. Further, the Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. oft the personnel when the Local Government requests or approves travel related to this project, or ifit is beneficial to both parties, the costs will be shared on an Local Government will also pay for additional expenses that are not included in this contract but may be requested by the Local Government. Examples include, but are not limited to, related to printing of report(s), mailings to advisory boards, and other costs not  EXHIBIT A., pages 5-10 oft this agreement.  2.  agreed-upon ratio.    Page 3 of10  related to normal travel and staffing associated with personnel furnished by the Planning Compensation. The Planning Agency proposes toj provide the services described in Section III for a lump sum fee of$81,989.04 (eighty-one thousand, nine hundred eighty- nine dollars and four cents). The Local Government will submit payments within 30 days ofr receipt oft the Planning Agency's inyoice and monthly project status report. The 12 monthly installments will be billed at a rate of $6,832.42 (six thousand, eight hundred thirty-two dollars and forty-two cents) and will cover general expenses. Should the Planning Agency fail to make reasonable progress on the project, the parties agree to modify the monthly payment schedule according toj provision #4 ofthis Agreement. The Modifications. Ifthere is a need to amend the proposal outlined in EXHIBIT A., either Time of Performance. The Planning Agency shall ensure that all services required herein shall be provided during the period beginning on July 2, 2018 and ending June 28, Interest of Members, Officers, or employees of the Planning Agency, Members of thel Local Government, or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member oft the governing body oft the locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with the respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work tol be performed in connection with the program assisted under this Agreement. Immediate family members of the said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to incorporated, in such contracts or subcontracts, aj provision prohibiting such interest pursuant to the purpose oft this section. Nondiscrimination Clause. No person in the United States shall on the grounds ofrace, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity funded in whole or in part with funds available under the Housing and Community Development Act of 1974,  Agency.  3.  first oft these 12 invoices will be issued in July, 2018. party may do sO with written approval oft the other.  4. 5.  2019.  6.  7.  section 109.    Page 4 of10  8. Age Discrimination Act of 1975, as amended. No qualified person shall, on the basis ofage be excluded from participation in, be denied the benefits of, or otherwise be subjected to the discrimination under any program or activity which receives or benefits  from federal financial assistance.  9. Section 504, Rehabilitation Act of 1973, as amended. No qualified handicapped person shall, on the basis handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to the discrimination under any program or activity  which receives or benefits from federal financial assistance.  IN WITNESS WHEREOF, the Planning Agency and the Local Government have executed this  AGREEMENT as ofthe date first above written.  LOCAL GOVERNMENT: TOWN OF SAWMILLS  PLANNING AGENCY: GOVERNMENTS  WESTERN PIEDMONT COUNCIL OF  By:  By:  Mayor  Executive Director  By:  By:  Clerk  Chairman  Preaudit Statement:  This instrument has been preaudited in the manner prescribed by the Local Government Budget and  Fiscal Control Act. By:  Local Government Finance Officer    Page 50 of10  EXHIBIT A.  THE. PROVISION OF GIS, GPS AND APPLICATION DEVELOPMENT SERVICES IN THE COLLECTION AND UPDATE OF SPATIAL DATABASES RELATED TO WATER AND  ELECTRIC VTLITVINVENIORIS JULY2,2018 to. JUNE 28, 2019  I.  WORK PROGRAM/BUDGET This is an Exhibit attached to and made aj part of the  AGREEMENT between  the Western Piedmont Council ofGovernments (WPCOG) (hereinafter referred to as the "Planning Agency") and the Town of SAWMILLS (hereinafter: referred to as "Local Government"): providing for technical assistance services for the provision of data collection services and creation ofa secure, internet-accessible GIS database for the Local Government's utility data. The basic services ofthe  Planning Agency are stipulated as indicated below. II. WORK PROGRAMISCOPE OF SERVICES  The general scope of services called for in this work program require the Planning Agency, on the behalf ofthe Local Government, to provide professional staff time to collect water utility features in the field using Global Navigation Satellite System (GNSS) and Geographic Information System (GIS) technology. Work will take place over a 12-month timeframe. One GIS Technician, assisted as necessary by a GIS Analyst, will use GNSS and GIS technologies to inventory water and electric features. Real-time and/or post-processing differential correction will enhance GNSS data in accordance with the 2014 GNSS Data Collection and Documentation Standards established by the NC Geographic Information Coordinating Council. A GIS Analyst will oversee the GPS Technician's activities and be responsible for the accuracy and completeness oft the data, establish data check-in and checkout procedures and provide training and daily assistance. Higher-level technical staff will provide assistance in database and application design and management, as well as equipment and software acquisition and configuration. Trimble and ESRI software and hardware will be utilized in this project  as well as other supplies and equipment.  II. DESCRIPTION OF SERVICES PROVIDED Agency to the Local Government, for at total of1,215 hours.  The following activities are descriptive of, but not limited to, the services provided by the Planning    Page 6 of10  A. Project Management  1. Coordinate and oversee all project activities. 2. Produce/maintain monthly project status reports and maps. 3. Organize and attend monthly status meetings as needed/required.  4. Oversee and ensure that the Planning Agency project staff members are performing at 5. Research specifications and perform acquisition of various hardware, software and 1. Create application-ready GIS databases for water features. The water database will be an independent component within the Town's GIS, along with a database oft the Town's wastewater features, which will be collected concurrently with the water 2. Using these databases, WPCOG will create a GIS multi-viewer application which will provide PC and mobile access to all Local Government water and wastewater data. This secure application can be accessed by all authorized Local Government personnel using a variety of desktop and mobile devices. 3. Authorized Town staff will also be able to use the Town's GIS to edit and/or update features in the field or by PC, once initial collection is complete. 4. Create a spatially-based incident management system, which is incorporated with the GIS viewer app, and allows both office and field personnel oft the Town to view work-order locations, status and other details on any PC or mobile device. 5. For all databases, Planning Agency personnel will work with Local Government staff and the Town's engineering firm to customize feature attributes and terminology according to local infrastructure conditions and use nomenclature familiar to local 6. Train all appropriate Local Government personnel ini the use ofall applications. C. Field Collection ofTown Water Features, and Integration of Features into GIS  an acceptable level. supply needs.  B. Creation ofGIS Databases and GIS Applications  features under a separate agreement.  workers.  Databases and Applications  1. The GIS Analyst will establish GPS data collection procedures and standards. Tasks include pre-, in-the-field and real-timepostprocesing procedures and data access. 2. The GIS Analyst and a GIS Programmer will assist with configuration, implementation, upkeep and training in relation to required software, hardware and 3. The GIS Analyst will plan feature collection strategies and priorities. 4. Collection ofdata will bej performed primarily by the GIS Technician. 5. The GIS Technician will be supervised the GIS Analyst, who will also provide  data.  collection assistance in the field as necessary.    Page 7of10  IV. OPERATIONS, RESOURCES AND SUPPORT RESPONSIBILITIES  A. AP Planning Agency GIS Analyst will provide services in oversight and performance of tasks required in this contract for services. The Analyst will primarily perform the required duties from the physical location oft the Planning Agency, the field and occasionally Local Government offices. The Project GIS Analyst will be assisted in various facets of the B. Planning Agency staffi members working on this project will require the latitude to work the standard Planning Agency schedule (8:15am to 5:00pm M-F), attend all Planning Agency staff meetings, observe Planning Agency annual leave and sick leave policies, and observe all Planning Agency holidays as closely as possible. The GIS Technician will spend most of his or her work-time in the field, but will also visit the Local Government offices and the C.TheLocal Government will provide necessary office space to the Planning Agency staffi in order to facilitate data editing and reporting requirements. The Planning Agency will supply required equipment to the GIS Technician and GIS Analyst to perform GNSS field collection, along with differential correction. Examples include GNSS units, tablets configured with the GNSS units, software, cell phones and rangefinders. D. Thel Planning Agency will look to the Local Government to provide access to a Local Government vehicle and fuel for official work related to this contract. The vehicle will be clearly marked as a Local Government-owned vehicle. It isunderstood that said vehicle will be parked on Local Government property at aj pre-approved location when not being used for official project work. Ifp practical for the Planning Agency staff, the Local Government vehicle may be parked and driven to-and-from the Planning Agency. In the event a Planning Agency staff member is required to usel his or her personal vehicle for tasks related to this contract, limited travel funds are included ini this contract for mileage reimbursement and appropriate Federal mileage rates will be applied. The Planning Agency will also look to the Local Government to provide transportation and subsistence resources as a preferred option orr reimburse the Planning Agency staff for subsequent major travel or travel-related expenses that occur in the completion of projectre required field work, conference attendance or training.  contract by other GIS staff from the Planning Agency office.  Planning Agency as needed.    Page 8 of10  E. Planning Agency staff are covered by workers compensation insurance in accordance to State Statutes. A limited amount of other insurance is provided by the Planning Agency via relationship with the NC League of Municipalities. The Planning Agency does not provide automobiles or auto insurance to employees. All Planning Agency staff are required to have avalid driver's license, insurance and a vehicle that can be used for Agency purposes. F. Planning Agency staff will coordinate with Local Government Public Services staff when assistance in the field is required. Examples include but are not limited to traffic control and heavy equipment to assist in locating and accessing various utility assets. Planning Agency staffwill provide as much notice as possible when requesting and coordinating assistance. G. The Local Government will be responsible for purchasing its own GNSS unit and tablet for use with the GIS, as well as subscriptions to ESRI's ArcGIS Online service. Funds for these  requirements are not included in this contract proposal. H. Planning Agency staff contacts for purposes of this contract are:  Scott Miller, Contract Manager Tom Bell, Project GIS Analyst Christopher Todd, Contract Manager  Local Government staff contacts for purposes of this contract are: Ronnie Coffey, Field Location and Traffic Control Assistance    e    Page 10 of10 VII. FEES  The Planning Agency proposes toj provide the services described in Section II for a lump sum fee of$81,989.04 (eighty-one thousand, nine hundred eighty-nine dollars and four cents). The Local Government will submit payments within 30 days of receipt oft the Planning Agency's invoice and monthly project status report. The 12 monthly installments will be billed at a rate of $6,832.42 (six thousand, eight hundred thirty-two dollars and forty-two cents) and will cover general expenses. Should thel Planning Agency fail to make reasonable progress on the project, the parties agree to modify the monthly payment schedule according to provision #4 ofthis  Agreement. The first oft these 12 invoices will be issued in. July, 2018.  QAtraI/ContmctsEatimasdisSawmniliComtrmcHSawmils, _Water_ COmimetAIA120194oe    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  July 17,2018 Discussion: Nuisance Ordinance Overview  Discussion:  The Town of Sawmills Nuisance and Nuisance Vehicles Ordinances (Chapters 91 ad 92) outline ad describe what constitutes a public nuisance along with the process ad procedure to abate nuisances. Attached to this memo is the entirety of both chapters of the ordinance. Due to the nature of recent complaints, staff would request the council review these ordinances. Additionally, staff would recommend to the council, that the Planning and Development Committee meet with staff over the coming months to brig possible recommendations and  updates to the council.  Recommendation: No action is required.    CHAPTER91: NUISANCES; SANITATION; ENVIRONMENT  Section  Weeds, Grass and Refuse  91.01Nuisance conditions 91.02Investigation 91.03Notice of violation; hearing 91.04Notice to abate 91.05Abatement by town 91.06Costs of abatement; lien 91.07Procedure not exclusive  Littering  91.20Littering prohibited 91.21Littering from vehicles 91.22Maintenance of public areas 91.23Receptacles Statutory reference:  Abatement ofpublic health nuisances, see G.S. '160A-193  WEEDS, GRASSAND REFUSE  '91.01 NUISANCE CONDITIONS.  (A) The following enumerated and described conditions, or any combination thereof, are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and are found, deemed and declared to be public nuisances wherever the conditions may exist and the creation, maintenance or failure to abate any nuisances is hereby  declared unlawful:  (1) Any weeds or other vegetation having an overall height of more than 18 inches above the surrounding ground provided that the following shall not be considered to be a part oft this condition: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not  a  7    8  Sawmills General Regulations  threat to the character of surrounding properties; and flowers and growing and producing vegetable plants.  (2) Any accumulation of trash and/or garbage which is the result of the absence or of  overflowing or improperly closed trash or garbage containers;  (3) Accumulation in an open place of hazardous or toxic materials and chemicals.  (4) An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible  materials or objects ofa like nature;  (5) Any accumulation of garbage, rubbish, trash, or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, mosquitoes, or vermin prejudicial to the public health. (6) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or  prejudicial to the public health.  (7) The open storage of any discarded ice box, furniture, refrigerator, stove, glass, building (8) Any condition detrimental to the public health which violates the rules and regulations oft the (9) Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Town Administrator or his or her designee can reasonably determine that there is a likelihood of personal or property injury to any person or property  materials, building rubbish or similar items.  County Health Department.  entering the premises.  (10) Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing  water.  (11) The outside or outdoors use of any furniture originally designed or intended for interior use (B) When any condition in violation of this section is found to exist, the Housing Inspector or such persons as may be designated by the Town Administrator, the Town Council or the Town Administrator himself or herself, shall give notice to the owner of the premises to abate or remove such conditions within ten days. Such notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, ift the violation is not corrected within ten  such as, but not limited to, couches, sofas, chairs, recliners or other like items.    Nuisances; Sanitation; Environment  9  days, the town may proceed to correct the same as authorized by this section. Service of such notice shall  be by any one ofthe following methods:  (1) By delivery to any owner personally or by leaving the notice at the usual place of abode of (2) By depositing the notice in the United States post office addressed to the owner at his or her (3) By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by (C) If the owner of any property fails to comply with a notice given pursuant to this section, within ten days after the service of such notice, he or she shall be subject to prosecution for violation of this section in accordance with law and each day that such failure continues shall be a separate offense. In addition, the Town Administrator or designee may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected as set forth in G.S. 160A-193. All such expenses shall constitute a lien against the property on which the work was done. (D) The procedure set forth in this chapter shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this chapter shall not prevent the town from proceeding in a criminal action against any person, firm or corporation violating the provisions oft this (E) In accordance with the G.S. '160-175 and the town code of ordinances, violation of this chapter  the owner with a person who is over the age of16y years and a member of the family oft the owner.  last known address with postage prepaid thereon.  subsections (I)and (2).  chapter as provided in G.S.'14-4.  shall subject the offender to the penalty provisions of'10.99 (1991 Code, '82.01) (Ord. passed 1-22-1991; Ord. passed--2010)  '91.02 INVESTIGATION.  The Town Manager, upon notice from any person, on a pre-preprinted form to be provided by the Town Clerk, of the existence of any of the conditions described in' 91.01, shall cause to be made by the appropriate County Health Department official or town official, such investigation as may be necessary to determine whether conditions exist which may constitute a public nuisance as declared in 91.01. The individual conducting the investigation shall submit a written report, on a pre-printed form to be provided by the Town Manager, summarizing the investigator-s findings to the Town Clerk within 30 days of  contact by the Town Manager regarding the need for an investigation. (1991 Code,' '82.02) (Ord. passed 1-22-1991; Ord. passed 9-18-2007)    10  Sawmills. - General Regulations  '91.03 NOTICE OF VIOLATION; HEARING.  Ifit appears that these conditions exist, the Town Manager shall cause to be delivered or mailed to the owner oft the property upon which the conditions exist, a notice stating the reasons why the conditions may constitute a violation and that al hearing will be held before the Town Manager at a place therein fixed, not less than ten nor more than 30 days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity  shall not be controlling in these hearings.  (1991 Code,' ,'82.03) (Ord. passed 1-22-1991; Ord. passed 9-18-2007)  91.04 NOTICETO. ABATE.  Ifa determination is made that conditions constituting a public nuisance exist, the Town Manager shall notify, in writing, the owner of the premises in question of the conditions constituting the public nuisance and shall order thej prompt abatement thereofwithin 15 days from the receipt ofthe written notice.  (1991 Code, '82.04) (Ord. passed9-18-2007) '91.05 ABATEMENT BYTOWN.  If the owner, having been ordered to abate a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the order, the Town Manager shall cause the condition to be removed or otherwise remedied by having employees of the town to go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee designated by the Town Manager. Any person who has been ordered to abate a public nuisance may, within the time allowed by this chapter, request the town in writing to remove the condition, the cost  ofwhich shall bej paid by thej person making the request. (1991 Code,'82.05) (Ord. passed 1-22-1991; Ord. passed 9-18-2007)  '91.06 COSTS OF ABATEMENT; LIEN.  (A) The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner oft the lot or parcel of land, and it shall be the duty of the Tax Collector to mail a statement of the charges to the owner or other person in possession of the premises with instructions that (B) In the event charges for the removal or abatement ofa public nuisance are not paid within 30 days after the receipt ofa statement of charges as provided for in' '91.04, the charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided  the charges are due and payable within 30 days from the receipt thereof.  in G.S. 160A-193.  (1991 Code, a 82.06) (Ord. passed 1-22-1991)    Nuisances; Sanitation; Environment  11  '91.07 PROCEDURE NOT EXCLUSIVE.  The procedure set forth in this chapter shall be in addition to any other remedies that may now or hereafter exist under law or under the town codes for the abatement of public nuisances, and this chapter shall not prevent the town from proceeding in a criminal action against any person, firm or corporation  violating the provisions of this chapter as provided in G.S. '14-4. (1991 Code, '82.07) (Ord. passed 1-22-1991)  LITTERING  '91.20 LITTERING PROHIBITED.  Its shall be unlawful for any person to throw or deposit on any street or sidewalk, or on any private property, except with written permission oft the owner or occupant ofthe private property, any trash, refuse,  garbage, building material, cans, bottles, broken glass, paper or any type ofl litter. (1991 Code, 81.01) (Ord. passed 1-22-1991) Penalty, see'10.99  '91.21 LITTERING FROM VEHICLES.  Its shall be unlawful for any person while a driver or a passenger in a vehicle to throw or deposit litter  on any street or otherp public place within the town, or on private property. (1991 Code, '81.02) (Ord. passed 1-22-1991) Penalty, see'10.99  '91.22 MAINTENANCE OF PUBLIC AREAS.  Every owner, lessee, tenant, occupant or other person in charge of any commercial establishment or premises which maintains any paved or unpaved areas for the use of the public, either for parking or as access areas and incident to the carrying on of the principal business of any commercial establishment or premises and which parking or access areas abut or lie within ten feet of any public street or other public way, shall keep and maintain the areas clean and free from trash, litter, rubbish and any materials liable to  be blown, deposited or cast on the street or other public way. (1991 Code,' '81.03) (Ord. passed 1-22-1991)  '91.23 RECEPTACLES.  Suitable receptacles may be provided in parking or access areas within the meaning of' 91.22. The receptacles shall be plainly marked and constructed to prevent scattering of any trash, litter, rubbish or  other materials deposited therein. (1991 Code, '81.04) (Ord. passed 1-22-1991)    12  Sawmills- General Regulations    CHAPTER92: ABANDONED, NUISANCE AND JUNK MOTOR VEHICLES  Section  General Provisions  92.01Purpose 92.02Definitions 92.03Authority to administer  Removal Procedure and Disposition ofVehicles  92.15Abandoned vehicles prohibited 92.16Nuisance vehicles prohibited 92.17Junked motor vehicle regulated 92.18Removal; pre-towing notice 92.19Exceptions to prior notice requirement 92.20Post-towing notice requirements 92.22Redemption of vehicle during proceedings 92.23Sale and disposition of unclaimed vehicle 92.24Conditions on removal of vehicles from private property 92.25Protection against criminal or civil liability 92.27Removal ofimpounded vehicle prohibited  92.21Right to probable cause hearing before sale or final disposition of vehicle  92.26Exceptions  GENERAL PROVISIONS  '92.01 PURPOSE.  The town governing body is authorized by G.S. " 160A-193, 160A-303 and 160A-303.2 to regulate, restrain or prohibit abandoned, nuisance and junked motor vehicles on public and private property within the town=s jurisdiction; and whereas the Town Council finds it necessary and desirable to promote or enhance the quality or urban attractiveness and aesthetic appearance; the protection of property values; the preservation of the livability and attractiveness of neighborhoods; tourism, conventions and other opportunities for economic development; the attractiveness of the town=s major and minor residential and  commercial streets which present the primary public visibility to residents,  13    14  Sawmills- General Regulations  visitors and commuters of the town; and the comfort, happiness and emotional stability of residents in the  vicinity ofj junked motor vehicles; the provisions that follow in this chapter shall apply.  (Ord. passed 3-15-2011) '92.02 DEFINITIONS.  For the purpose of this chapter, the following definitions shall apply unless the context clearly ABANDONED VEHICLE. A motor vehicle as authorized and defined in G.S. '160A-303 that: (1) Is left upon a town or state-maintained public street or highway in violation of a law or (2) Isl left on a town or state-maintained public street or highway for longer than seven days, oris  indicates or requires a different meaning.  ordinance prohibiting parking;  determined by law enforcement to be a hazard to the motoring public;  (3) Isleft on property owned or operated by the town for longer than 24 hours; or  (4) Is left on private property without the consent of the owner, occupant or lessee thereof, for AUTHORIZING. OFFICIAL. The supervisory employee of the Sheriff-s Department or the Code Enforcement Officer designated with authorization to remove the vehicles under the provisions of this CODE ENFORCEMENT OFFICER. The designated public official authorized to investigate and JUNKED MOTOR VEHICLE. A vehicle that does not display a current license plate and as  longer than two hours.  chapter.  remove vehicles defined in this chapter by the Town Council. authorized and defined in G.S.'160A-303.2 that:  (I) Is partially dismantled or wrecked;  (2) Cannot be self-propelled or moved in the manner in which it originally was intended to  move;or  (3) Is more than five years old and appears to be worth less than $500.  MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by  self-propulsion or while attached to any self-propelled vehicle.    Abandoned, Nuisance and Junk Motor Vehicles  15  MUST. The action referred toi is mandatory, not directory.  NUISANCE VEHICLE. A vehicle on public or private property that is determined and declared to  be al health or safety hazard and unlawful, including a vehicle found to be:  (1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests; (2) Aj point ofheavy growth ofweeds or other noxious vegetation over eight inches in height;  (3) Aj point of collection ofj pools or ponds of water;  (4) A point of concentration of quantities of gasoline, oil or other flammable or explosive (5) One which has areas of continement which cannot be operated from the inside, such as  materials as evidenced by odor; trunks, hoods and the like;  (6) So situated or located that there is a danger ofit falling or turning over;  (7) A point ofo collection of garbage, food waste, animal waste or any other rotten or putrescible (8) One which has sharp parts thereof which are. jagged or contain sharp edges of metal or glass; (9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by  matter of any kind;  or  the Town Council. (Ord. passed 3-15-2011)  SHALL. The action referred to is mandatory, not directory.  '92.03 AUTHORITYTO. ADMINISTER.  The County Sheriff=s Department and Code Enforcement Officer of the town shall be responsible for the administration and enforcement of this chapter. The Sheriff-s Department shall be responsible for administering the removal and disposition of vehicles determined to be Aabandoned@ on the public streets, highways and other transportation rights-of-way within the town, and on property owned by the town. The Code Enforcement Officer shall be responsible for administering the removal and disposition of Aabandoned,@ Anuisance@ or Ajunked@ motor vehicles located on private property. The town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned, nuisance and junked motor vehicles in compliance with this chapter and applicable    16  Sawmills- General Regulations  state laws. This chapter shall not be construed to limit the legal authority or powers of officers oft the town and/or County Sheriff-s Department, Fire Department or other emergency personnel in enforcing other  laws or in otherwise carrying out their respective duties.  (Ord. passed 3-15-2011)  REMOVAL PROCEDURE AND. DISPOSITIONOF VEHICLES  '92.15 ABANDONED VEHICLES PROHIBITED.  (A) It shall be unlawful for the registered owner or person entitled to possession ofa vehicle to cause (B) Upon investigation, proper authorizing official(s) of the town may determine that a vehicle is an  orallow the vehicle to be abandoned as the term is defined in' 92.02 ofthis chapter.  abandoned vehicle and order the vehicle removed. (Ord. passed 3-15-2011) Penalty, see 10.99 '92.16 NUISANCE VEHICLES PROHIBITED.  (A) Its shall be unlawful for the registered owner or person entitled to possession ofai motor vehicle, or for the owner, lessee or occupant of the real property upon which the vehicle is located, to leave or allow (B) Upon investigation, the Code Enforcement Officer may determine and declare that a vehicle isa health or safety hazard and a nuisance vehicle as defined in' 92.02, and order the vehicle removed,  the vehicle to remain on the property after it has been declared a nuisance vehicle.  (Ord. passed 3-15-2011)  '92.17 JUNKED MOTOR VEHICLE REGULATED.  (A) It shall be unlawful for the registered owner or person entitled to the possession ofa junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed. (B) It shall be unlawful to have more than one junked motor vehicle, as defined in ' 92.02, on the premises of public or private property. A single, permitted junked motor vehicle must strictly comply (C) Its shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements oft this section.  with the location and concealment requirements oft this section.    Abandoned, Nuisance and Junk Motor Vehicles  17  (D) Subject to the provisions of division (E) of this section, upon investigation, the Code Enforcement Officer may order the removal ofa junked motor vehicle as defined in this chapter after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. This finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance.  The following among other relevant factors may be considered:  (1) Protection of property values;  (2) Promotion oftourism and other economic development opportunities;  (3) Indirect protection of public health and safety;  (4) Preservation of the character and integrity ofi the community; and (5) Promotion oft the comfort, happiness and emotional stability of area residents.  (E) Permitted concealment or enclosure ofaj junked motor vehicle:  (1) One junked motor vehicle, in its entirety, can be located in the rear yard, as defined by the town=s Zoning Ordinance, if the junked motor vehicle is entirely concealed from public view, a public street and from abutting premises by an acceptable covering. The Code Enforcement Officer has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble ofthis chapter; and (2) More than one junked motor vehicle must be kept in a garage or building structure that provides a complete enclosure sO that the junked motor vehicle(s) cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a zoning and building permit and which has  been constructed in accordance with all Zoning and Building Code: regulations.  (Ord. passed 3-15-2011) Penalty, see'10.99 '92.18 REMOVAL; PRE-TOWING NOTICE.  (A) Except as set forth in' 92.19, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses or the registered owner or person entitled to the possession oft the vehicle, or the owner, lessee or occupant oft the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The authorized person who mails the notice(s) shall retain a written record to show the name(s), address(es) and date to whom the notice was mailed. Ifthe names and addresses cannot be ascertained or ifthe vehicle to be removed is an abandoned motor vehicle, notice shall  be given by affixing on the windshield or some other conspicuous place on the    18  Sawmills- - General Regulations  vehicle a notice indicating that the vehicle will be removed by the city on a specified date (no sooner than seven days after the notice is affixed, unless determined by law enforcement to be a hazard to the motoring public). The notice shall state that the vehicle will be removed by the town, on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time or law enforcement determines the vehicle to be a hazard to the motoring (B) With respect to abandoned, nuisance and junked motor vehicles on private property to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of removing the vehicles outweigh the burdens, the appeal shall be made to the Town Council in writing within ten days, heard at the next regularly scheduled meeting of the Town Council, and further proceedings to remove the vehicle shall be stayed  public.  until the appeal is heard and decided. (Ord. passed 3-15-2011)  '92.19 EXCEPTIONSTOI PRIOR NOTICE REQUIREMENT.  (A) The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise, maintain and protect the public safety and welfare. These findings shall, in all cases, be entered by the authorizing  official ini the appropriate daily records.  (B) Circumstances: justifying the removal of vehicles without prior notice include:  (1) Vehicles abandoned on the streets. For vehicles abandoned on town or state-maintained public streets and highways, the Town Council hereby determines that immediate removal of the vehicles  may be warranted when they are:  (a) Obstructing traffic;  (b) Parked in violation of an ordinance prohibiting or restricting parking;  (c) Parked in a no-parking zone; (d) Parked in loading zones; (e) Parked in bus zones;  () Parked in an emergency (ambulance or fire) lane; or  (g) Parked in violation of temporary parking restrictions imposed under code sections.    Abandoned, Nuisance and Junk Motor Vehicles  19  (2) Other abandoned or nuisance vehicles, With respect to other abandoned or nuisance vehicles left on town-owned property other than the streets and highways, and on private property, the vehicles may be removed without giving prior notice only in those circumstances where the authorizing officials finds a special need for prompt action to protect and maintain the public health, safety and general welfare. By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a  traffic hazard, and vehicles causing damage to public or private property.  (Ord. passed 3-15-2011)  '92.20 POST-TOWING NOTICE REQUIREMENIS.  (A) Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform those services for the town. Whenever a vehicle is removed, the authorizing town official shall immediately notify the last known registered owner of the vehicle. The notice shall include  the following:  (1) The description of the removed vehicle; (2) The location where the vehicle is stored; (3) The violation with which the owner is charged, ifany; (4) The procedure the owner must: follow to redeem the vehicle; and  (5) The procedure the owner must follow to request aj probable cause hearing on the removal. (B) The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (A)(I) through (5) ofthis section, shall also be mailed to the registered owner=s last known address, unless this (C) Ift the vehicle is registered in the state, notice shall be given within 24 hours. Ifthe vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal ofthe (D) Whenever an abandoned, nuisance or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her ofthe information set forth in divisions (A)(I)through (5)ofthis section.  notice is waived in writing by the vehicle owner or his or her agent.  vehicle.  (Ord. passed 3-15-2011)    20  Sawmills- General Regulations  '92.21 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL  DISPOSITION OF VEHICLE.  After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the County Magistrate designated by the Chief District Court Judge to receive the hearing requests. The Magistrate will set the hearing within 72 hours of rèceipt of the request, and the hearing will be conducted in  accordance with thej provisions ofG.S.20-219.10) and (b).  (Ord. passed 3-15-2011)  '92.22 REDEMPTION OF VEHICLE DURING PROCEEDINGS.  At any state in the proceedings, including before the probable cause hearing, the owner may obtain possession ofthe removed vehicle by paying the towing fee, including any storage charges, or by postinga bond for double the amount of the fees and charges to the town truck operator or towing business having custody oft the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession oft the vehicle shall not allow or engage ini further violations ofthis chapter.  (Ord. passed 3-15-2011)  '92.23 SALE-ANDI DISPOSITION OF UNCLAIMED VEHICLE.  Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed ofby the town truck operator or towing business having custody of the vehicle. Disposition of the vehicle shall be carried out in coordination with the town and in  accordance with G.S. Chapter 44A, ArticleI.  (Ord. passed3-15-2011)  '92.24 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.  As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee oft the property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is ajunked motor vehicle which has been ordered removed by the Code Enforcement Officer. The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because ofthe removal.  (Ord. passed 3-15-2011)    Abandoned, Nuisance and Junk Motor Vehicles  21  '92.25 PROTECTION AGAINST CRIMINAL OR CIVIL: LIABILITY.  No person shall be held to answer in any civil or criminal action to any owner other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle, for disposing of the vehicle  as provided ini this chapter. (Ord. passed 3-15-2011) '92.26 EXCEPTIONS.  This chapter shall not apply to any vehicle which is located in a bona fide Aautomobile graveyard@ or Ajunkyard@ as defined in G.S. ' 136-143, in accordance with the Junkyard Control Act, G.S. " 136-141 et seq.; in an enclosed building; on the premises ofa business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or in an appropriate storage place or  depository maintained in a lawful place and manner by the town.  (Ord. passed 3-15-2011)  '92.27 REMOVAL OF IMPOUNDED VEHICLE PROHIBITED.  It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this code unless and until all towing and impoundment fees are due, or bond in lieud oft the fees have been paid.  (Ord. passed 3-15-2011) Penalty, see' '10.99    AGENDA ITEM11A  MEMO DATE: SUBJECT:  July 17,2018 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that the Town of Sawmills Planner Becca Bleich  continues to make throughout the town.  Recommendation: No Council action required.